Judge: John J. Kralik, Case: 22BBCV00256, Date: 2022-08-12 Tentative Ruling

Case Number: 22BBCV00256    Hearing Date: August 12, 2022    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

seedwish llc,

                        Plaintiff,

            v.

 

ke “KEN” qiu, et al.,

 

                        Defendants.

 

  Case No.:  22BBCV00256

 

  Hearing Date:  August 12, 2022

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Zheng Liu of Aptum Law Firm (“Counsel”), moves to be relieved as counsel for Plaintiff Seedwish LLC (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on July 20, 2022.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because Counsel and Plaintiff have irreconcilably disagreed on how to effectuate service of process on the Defendants, such that Plaintiff has refused to pay past invoices or provide instructions on how to proceed.  Counsel also states that there are irreconcilable differences such that Counsel and Plaintiff are unable to respond to the outstanding OSC re failure to file proof of service. (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel properly served Plaintiff at its last known mailing address, which was confirmed by mail (return receipt requested), telephone, conversation, and WeChat instant messages within the past 30 days of filing the motion.  Arthus Pei (CEO of Plaintiff) was also e-mailed the moving papers.  (Defendants in this action have not yet been served with the summons and complaint.)

As for future hearing dates, a Case Management Conference and OSC re: Failure to File Proof of Service of the Summons and Complaint is set for September 8, 2022.  As trial in this matter has not yet been set and the Defendants have yet to be served, there is sufficient time for Plaintiff to obtain substitute counsel.

Accordingly, the motion to be relieved as counsel is granted.  The order electronically lodged by Counsel will be signed at the hearing.  The order will become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff. 

In addition, as Plaintiff is a corporate entity, it cannot represent itself in propria persona.  (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.)  Thus, the Court will set an Order to Show Cause re Status of Representation of Plaintiff Seedwish LLC for October 19, 2022 at 8:30 a.m.

Notice to be provided by Counsel.